Since inception in the 1970s, the firm has represented banks primarily with respect to their lending activities. A look at the firm’s representative client list will take you to the names of some of our current bank clients. The firm has also successfully defended bank clients from lender liability claims and has represented bank clients as creditors in bankruptcy proceedings. The firm represents Bank of America’s Private Banking in documenting residential loans throughout Colorado, including purchase money loans, construction loans and refinancing. During the last recession the firm represented bank clients in the sale of non-performing loans and recovered assets.
The lending side of the firm’s work has included assisting bank clients in obtaining perfected security interests in various kinds of collateral, including, pledges of gifts, homeowners assessments, stocks, bonds, water rights, intellectual property, vehicles, farm equipment, partnership and limited liability company, interests, rents and leases from commercial projects and hotels, inventory, fixtures, accounts receivable, ground leases and real estate. The firm has represented banks in various of their lending activities mostly on the western slope of Colorado including, development loans in resort areas for building hotels, golf courses, condominiums, residential and commercial subdivisions and high-end “spec” homes.
Important articles published by the firm regarding the representation of our bank clients are: Public Trustee Foreclosures: Be Aware of What Remains, The Colorado Lawyer, September 2011 (Vol. 40 No. 9). Third Party Opinion Letters: Limiting Liability of Opinion Givers, The Colorado Lawyer November 2013 (Vol 42 No. 11) and When Homeowner Associations Borrow- What Attorneys and Lenders Should Know, The Colorado Lawyer December 2015 (Vol. 44 No. 12). The article on public trustee foreclosures discusses what third party liens may survive a foreclosure. The article on homeowner association borrowing discusses, in light of recent legislation, what bank attorneys should know about collateral for these loans (typically a pledge of assessments) and what attorneys who represent homeowner associations should know about how these loans are structured. The article on opinion letters addresses ethical and other considerations and drafting suggestions for attorneys interested in limitations on potential liability with respect to opinion letters provided to non-client third parties.
For more information on the firm’s representation of banks (as well as hard money lenders) please contact in our Aspen office at 625 E. Hyman Ave, Suite 201 Aspen, CO 81611, Ronald Garfield, 970-925-1936 and or Christopher J. LaCroix at 970-925-1936 and or in our Avon office at 0070 Benchmark Rd, Avon CO 81620, Kursten L. Canada at 970-949-0707 and and Tracy Kinsella at 970-949-0707 and .
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